RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1564, 16 April 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

«. • (Before F. M'Culloch, Esq., R. M.) Satttbday, 13th Apbil. John Bishop, brought up on remand, charged with stealing nine pounds (£9) from John Mackintosh, was committed for trial to the Supreme Court, in May. John Paterson, charged with stealing a hat, the property of Mr Midden, was discharged on the ground of insufficient evidence. James Kennish, charged with drunkennes3 and assaulting the police — one month's hard labor, without the option of a fine. Mildrod Robin «on, elm.-. J with being drunk, was fined £1, or 43 hours' imprisonnunt. Monday, 15th Apbix. Two seamen from the brigantine Ottawa, named Grant and Wares, charged by the captain with absenting themselvi-s from the ship, were remanded till to-morrow. CIVIL CiSE. Jeffries v. Flint. — IMiis case was an action to recover £80, being £60 the value of three hor3es alleged to bj illegally detained by defendant, and £2(f damages for delay. The case was postponed from Wednesday on account of the absence of a witness. Mr Wade statod that the plaintiff Jeffries, at the time tho first horse was purchased, was in treaty with Mr Flint to drive a coach. The first horse purchased, a grey one, was bought by Jeffries as Mr Flint's agenc, but being objected to by Mr Flint, Jeffries agreed to keep it himself. The other two were purchased by Jeffries entirely on his own account. The whole three were, however, driven by Jeffries and Flint in one of Flint's coaches, Jeffries desiring this arrangement with a view to iinpioving the horses by steady work. Before Flint allowed the horses to be put in the coach, he made Jeffries agree to be responsib c for any damage that mi^ht be done by them to the coach, should thi-y grow restive. The improvement anticipated had been effected, aid the horses were now more valuable than when they were purchase-!. The defendant now claimed them as his propt-rty, and refused to give them up to the pl-iintiff. Hence the present action. George Jfffries (the plaintiff) stated that he claimed the three horses sued for, as his own. The grey he bought from Mr Macrorie for £L 8 (receipt produced). He bought it for Mr Flint, and at his request, but Mr Flint found fault wi'h the purchase after it completed, and he offered to keep it himself. To this Mr Flint made no objection. The other two horses he bought entirely for himself, for £13 10s and £9, having received no instructions from Flint. Flint allowed him to run the horses in the coach, but required him to become responsible for any damage they might do to the vehicle. Mr Flint never asked for the receipts till he (witness) was leaving his service, three weeks ago. He wanted £60 from Flint for the horses, but he would not pay it, nor let the horses go. Daniel Brenchloy, Limehills, stated that Mr Flint once told him that Georgo (the plaintiff) drove his own horses, and that he (Flint) drove his. The plaintiff, George Jeffries, was recalled, and said that he told Roche, to whom he had sold one of the horses, that ho feared he might have some difficulty in getting the liorse from Flint ; but he did not make the sale conditional on getting the horse from Flint. James A. Renwick, clerk to Mr Macrorie, was called to prove that tuo grey horse was bought on Flint's account. This, however, the plaintiff had already admitted. Mr Cleave, soedsman, stated that four or five weeks ago, Jeffries complained ot F.int looking sour at him, and said he should not do so, as he had bought these horses for him, and never charged him a farthing of interest ; and he had never been paid for them yet. Mr Peters, livery stable keeper, stated that Jeffries bought a horse from him on 15th Nov. for £13 10s, and told him it was for Flint. Advised him lately to settle this dispute out of court, as he used always to say the horses were for Flint. He replied that he never denied they were bought for Flint, but that now as they had quarrelled, he would see it out. He said the point on which he hoped to gain his case was, that Flint had made him responsible" for the damage to the coach. Joseph Storey was called, but did not appear. John Miller, ploughman in Mr Flint's service, remembered Jeffries asking him whether he thought Mr Flint was pleased with the horees he had bought for him. When Jeffries brought in the bay horse, he asked Mr Flint whether it would do for him. Mr Flint asked the price. He said £9. Mr Flint said he would do, and that he would look better when he had two months feed in him. Wm. Flint, the dofendant, stated thai he

authorised Jeffries to buy any horses that he -thought fi>, for the coach. Ho bought and paid for tho grey bora?. He (Flint) offered to pay him, but he sail he did not require the money then. He never saw or heard of the bay horse t:il it ctime up in the coach. Jeffriea asked if that, horse woul 1 do. On hearing the price, £9, he said it would. Nfver told Jeffries ho would not let him drive them unless he became responsible for any damage they mi^ht do to the coach. At the end of February, or the beginning of March, offered to pay him for the whole three horse*. Jeffries said th it he had got into trouble with some young lady in the place, and he was afmi 1 he would have to bolt. (MrWa le ohj -cted to this jis irrelevant. Mr Mac lonald said he did not want to know any more a'>out it, and witness continued.) Jeffries said tho money would do when they settled up. When they came to settle, ho (Flint) asked Jeffries for the receipts, but he said he was going to take the horsos away. He (Flint) asked who the horses had been bought for. Jeffries said that had nothing to 'do with it: he would let Flinfc have them if he gave him £60. He (Flint) refused, but offered the prioe they had cost, with 1 interest added. Jeffries refusei to take this. Paid him his wa res, and there was nothing more said. By Mr Wade. — I gave him full power to buy any horses he thought fit", for the coach, and to give what price he thought right. Mr Wade.— You did, Mr Flint? Well, really ! Witness.— Why, I thought a great deal of the man. Mr Wade. — I am afraid, Mr Flint, you will come to grief some of these days, if you act often in Mi at way. Witness — Well, once bit, twice shy, you know. Never heard till lately that he had hired the horses out, or earned anything for himself with them. Never told Brenchley that George drove his horses and that I drove my own. Mr Macdonakl having a Idres3ed the Court for the defence, His Worship, after commenting on the contradictory character of some parts of the evidence, gave judgment for defendant, with costs.